This article is a draft concerning French law.
You can share your knowledge by improving it (how?) according to the recommendations of the corresponding projects. For homonymous articles, see Direct Action (disambiguation).
In law, direct action is the act of a creditor to sue in his name and on his behalf against the debtor of his debtor. If the third party agrees to pay then the payment is only valid in the hands of the creditor of the action. The latter will not compete with the debtor's other creditors. Direct action creates a p with a creditor.
Direct action must in principle be provided for by law, but its success means that today it can be invoked without the support of a text provided that it does not unduly interfere with the relative effect of the agreements (former article 1165 of the French civil code became article 1199 CC with the 2016 contract law reform), nor does it confer on the creditor a privilege.
There are different kinds of direct action:
Thanks to this action, the creditor then exercises the right of his debtor (with his accessories and his limits), as well as his own right.
Not to be confused with its legal antonym, which is the oblique action, which is also acting against the debtor of its debtor, but in the name of the debtor and not in his own name.
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